JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional. United States v.

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Laws Government Constitutional Law Statute 270

JURIST

FEBRUARY 19, 2024

The UN expressed concern Monday over the UK government’s action to make the Rwanda deal operational. ” He warned of the negative human rights implications, stating: The combined effects of this bill, attempting to shield Government action from standard legal scrutiny, directly undercut basic human rights principles. .”

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Government Immigration Constitutional Law Court Rules 197

JURIST

AUGUST 19, 2021

The Indian Supreme Court ruled on Wednesday that women can sit for the NDA (National Defence Academy) admission exam in a landmark interim order which will allow more women to serve in India’s armed forces.

Court Rules 211

Court Rules Court Government Legal 211

Constitutional Law Reporter

JUNE 22, 2021

Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. Supreme Court’s Decision. Breyer wrote on behalf of the unanimous Court. “We

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Court Rules Court Constitutional Law Laws 98

JURIST

FEBRUARY 14, 2023

The protest was explicitly scheduled for Monday in response to the beginning of the legislative process to implement the government’s reforms. Yesterday the Knesset’s constitution, law, and justice committee scheduled votes on two bills.

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Constitutional Law Government Court Rules Laws 195

Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. District Court against Germany and SPK (collectively Germany). Supreme Court’s Decision.

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Court Rules Court Government Laws 89

The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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Constitutional Law Reporter

AUGUST 2, 2021

Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision. In Americans for Prosperity Foundation v. United States v.

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Court Rules Court Attorney Constitutional Law 59

JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional.

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Court Rules Laws Court Education 58

JonathanTurley

SEPTEMBER 30, 2021

government is liable for wrongfully arresting six people between 2012 and 2014 for violating its ban on carrying handguns in public. It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Lamberth issued an important decision on Wednesday that the D.C.

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Court Rules Court Government Laws 55

JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. It is clear a reference not to the Chinese people but the Chinese government. To be clear, I was referring to the Chinese government.”.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Court Rules Tort Court Cause of Action 52

Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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Court Rules Court Cause of Action Statute 52

Constitutional Law Reporter

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. In Snyder v. United States , 603 U.S. _ (2024), the U.S. As enacted in 1984, the statute at issue in the case, 18 U.S.C.

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Statute Court Rules Court Contract 52

JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

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Court Rules Contract Laws Court 52

JonathanTurley

JUNE 12, 2022

The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace. The General Counsel found that the company was violating federal law by preventing staff from wearing BLM imagery on their aprons.

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Court Rules Court Administrative Law Government 49

JonathanTurley

SEPTEMBER 9, 2021

I discuss this type of failure to protect public forums in my forthcoming law review article, Jonathan Turley, Harm and Hegemony: The Decline of Free Speech in the United States , 45 Harvard Journal of Law and Public Policy (2021). CUNY Law Dean Mary Lu Bilek showed how far this trend has gone. Lawrence Khan, a U.S.

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Court Rules Court Laws Government 54

ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre.

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Litigation Litigating Government Legal 100

JonathanTurley

JANUARY 17, 2024

At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. In 1984, the Supreme Court ruled in Chevron U.S.A. The court went even further in Arlington v. The cases are Loper Bright Enterprises v.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v. Vullo , 602 U.S. _ (2024), the U.S.

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Government Court Constitutional Law Contract 52

SCOTUSBlog

MARCH 7, 2022

Proponents of the theory, known as the “independent state legislature” theory, believe that the Constitution gives state legislatures nearly unfettered authority to write the rules for federal elections, with little or no oversight from state courts. Constitution. The North Carolina case.

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Constitutional Law Reporter

APRIL 26, 2021

Supreme Court ruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. The Court made four points in support of its decision. On April 9, 2021, the U.S. Newsom , 593 U. Facts of the Case.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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Court Cause of Action Government Court Rules 52

Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

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Court Constitutional Law Court Rules Court Decisions 52

JonathanTurley

MAY 9, 2021

In 2015 in Walker v Sons of Confederate Veterans, the Supreme Court ruled 5-4 that Texas could refuse to allow a specialty the specialty license plates offered to drivers by the state of Texas. Were the Free Speech Clause interpreted otherwise, government would not work. See Board of Regents of Univ. Southworth, 529 U.

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Court Government Court Decisions Court Rules 59

JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Thomas noted that the federal government continues to claim the authority while simultaneously saying that it will not enforce it.

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Government Legal Legal Court 55

JonathanTurley

JUNE 24, 2021

In a 6-3 decision that broke along ideological lines (a departure from a long line of unanimous or non-ideological rulings ), the court ruled in Cedar Point Nursery v. Hassid that a California law was a takings under the Constitution. Blackstone, Commentaries on the Laws of England 2 (1766).

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Court Government Court Rules Laws 45

JonathanTurley

MAY 26, 2022

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.” And the first time I was very much afraid.”

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Court Court Rules Government Laws 49

JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

FEBRUARY 7, 2025

Washington Democrats are adding a fifth stage for confessions under a new law. The bill would amend the state law that currently applies to law enforcement, teachers, medical professionals or child care providers to report cases of child abuse or neglect. The court, however, ruled that he was constitutionally exempt.

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Laws Court Government Court Rules 42

JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. That raises the question of whether a resident could receive $5 million from San Francisco, $223,000 from the state, and additional payments from the federal government. In City of Richmond v.

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Immigration Legal Legal Government 58

JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. Craigslist, Inc. ,

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JonathanTurley

MAY 12, 2021

” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

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Statute Misdemeanor Court Rules Court 42

JURIST

OCTOBER 31, 2023

In a 92-page court ruling, Judge K. Providers requested a temporary injunction, arguing that the abortion restrictions violated state constitutional law and free speech. Defendants in this case say that the restriction constitutes a safeguard to inform women of the risks of abortion.

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Laws Constitutional Law Court Rules Attorney 196

JonathanTurley

DECEMBER 17, 2020

The first “technical change” would be to rescind the law. Notably, the law only allows for the sale or displays if they serve “an educational or historical purpose.” Tam the Court ruled against the government’s use of the disparagement clause of the Lanham Act. In Matal v. dissenting).

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Laws Education Government Court Rules 66

JURIST

DECEMBER 13, 2022

The Iowa District Court for Polk County Monday upheld a permanent injunction on S.F. 359 , a 2018 law restricting abortion at about six weeks, once an abdominal ultrasound can detect fetal cardiac activity. Jackson Women’s Health Organization , the US Supreme Court overturned Roe v. In Dobbs v.

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Court Constitutional Law Court Rules Laws 197

Constitutional Law Reporter

OCTOBER 7, 2024

Muñoz’s position would usher in a new strain of constitutional law, for the Constitution does not ordinarily prevent the government from taking actions that “indirectly or incidentally” burden a citizen’s legal rights,” Justice Barrett wrote.

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Immigration Court Rules Court Constitutional Law 52